HB-4668, As Passed House, September 10, 2013HB-4668, As Passed Senate, June 19, 2013
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4668
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 43502, 43510, 43513, 43514, 43516, 43520,
43524, 43528, 43528a, 43528b, 43529, 43531, 43532, 43533, 43535,
43536, 43536a, 43537, 43541, 43544, 43547, 43553, 43554, and
43558 (MCL 324.43502, 324.43510, 324.43513, 324.43514, 324.43516,
324.43520, 324.43524, 324.43528, 324.43528a, 324.43528b,
324.43529, 324.43531, 324.43532, 324.43533, 324.43535, 324.43536,
324.43536a, 324.43537, 324.43541, 324.43544, 324.43547,
324.43553, 324.43554, and 324.43558), section 43502 as amended by
2006 PA 282, sections 43510, 43513, and 43516 as amended by 2006
PA 433, sections 43514 and 43554 as added by 1995 PA 57, sections
43520 and 43531 as amended by 2011 PA 120, section 43524 as
amended by 2012 PA 81, section 43528 as amended by 2009 PA 70,
section 43528a as added by 2010 PA 366, section 43528b as added
by 2012 PA 520, sections 43529, 43535, 43536, 43541, 43544,
43547, and 43558 as amended by 1996 PA 585, sections 43532 and
43533 as amended by 2010 PA 29, section 43536a as amended by 2013
PA 21, section 43537 as amended by 2012 PA 339, and section 43553
as amended by 2006 PA 280, and by adding sections 43523a, 43523b,
43525b, 43527a, 43527b, 43531b, 43532a, and 43545; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 43502. (1) "Accompany" means to go along with another
2 person under circumstances that allow one to come to the
3 immediate aid of the other person and while staying within a
4 distance from the person that permits uninterrupted, unaided
5 visual and auditory communication.
6 (2) "Amphibian" means a frog, toad, salamander, or other
7 member of the class amphibia.
8 (3) "Apprentice license" means a license issued under
9 section 43520(3) or (4).
10 (4) "Aquatic species" means a fish, reptile, amphibian,
11 mollusk, aquatic insect, or crustacea or part thereof.
12 (5) "Base license" means a license issued under section
13 43523a.
14 (6) (5) "Bow"
means a device for propelling an arrow from a
15 string drawn, held, and released by hand if the force used to
16 hold the string in the drawn position is provided by the archer's
17 muscles.
18 (7) (6) "Crossbow"
means a weapon consisting of a bow, with
1 a draw weight of 100 pounds or more, mounted transversely on a
2 stock or frame and designed to fire an arrow, bolt, or quarrel by
3 the release of a bow string controlled by a mechanical or
4 electric trigger with a working safety.
5 (8) (7) "Crustacea"
means a freshwater crayfish, shrimp, or
6 prawn of the order decapoda.
7 Sec. 43510. (1) Subject to subsection (2), and
except as
8 provided in section 43513, a person and except for an individual
9 hunting on a game bird hunting preserve licensed under part 417,
10 an individual shall not carry or transport a firearm, slingshot,
11 bow and arrow, crossbow, or a trap while in any area frequented
12 by wild animals unless that person individual has in his or her
13 possession a license as required under this part.
14 (2) This act or a rule promulgated or order issued by the
15 department or the commission under this act shall not be
16 construed to prohibit a person an individual from
transporting a
17 pistol or carrying a loaded pistol, whether concealed or not, if
18 either of the following applies:
19 (a) The person individual
has in his or her possession a
20 license to carry a concealed pistol under 1927 PA 372, MCL 28.421
21 to 28.435.
22 (b) The person individual
is authorized under the
23 circumstances to carry a concealed pistol without obtaining a
24 license to carry a concealed pistol under 1927 PA 372, MCL 28.421
25 to 28.435, as provided for under any of the following:
26 (i) Section 12a of 1927 PA 372, MCL 28.432a.
27 (ii) Section 227, 227a, 231, or 231a of the Michigan penal
1 code, 1931 PA 328, MCL 750.227, 750.227a, 750.231, and 750.231a.
2 (3) Subsection (2) does not authorize an individual to take
3 or attempt to take a wild animal except as provided by law.
4 Sec. 43513. (1) A person An individual may carry,
transport,
5 or possess a firearm without a hunting license if the firearm is
6 unloaded in both barrel and magazine and either enclosed in a
7 case or carried in a vehicle in a location that is not readily
8 accessible to any occupant of the vehicle. A person An individual
9 may carry, transport, or possess a slingshot, bow and arrow, or
10 crossbow without a hunting license if the slingshot, bow, or
11 crossbow is unstrung, enclosed in a case, or carried in a vehicle
12 in a location that is not readily accessible to any occupant of
13 the vehicle.
14 (2) Regardless of whether the person individual has a
15 license or it is open season for the taking of game, a person an
16 individual may carry, transport, possess or discharge a firearm,
17 a bow and arrow, or a crossbow if all of the following apply:
18 (a) The person individual
is not taking or attempting to
19 take game but is engaged in 1 or more of the following
20 activities:
21 (i) Target practice using an identifiable, artificially
22 constructed target or targets.
23 (ii) Practice with silhouettes, plinking, skeet, or trap.
24 (iii) Sighting-in the firearm, bow and arrow, or crossbow.
25 (b) The person individual
is, or is accompanied by or has
26 the permission of, either of the following:
27 (i) The owner of the property on which the activity under
1 subdivision (a) is taking place.
2 (ii) The lessee of that property for a term of not less than
3 1 year.
4 (c) The owner or lessee of the property does not receive
5 remuneration for the activity under subdivision (a).
6 (3) An individual may carry, transport, or possess a
7 firearm, slingshot, bow and arrow, or crossbow without a hunting
8 license if the individual is hunting on a game bird hunting
9 preserve licensed under part 417.
10 (4) (3) A person An individual may carry or
possess an
11 unloaded weapon at any time if the person individual is traveling
12 to or from or participating in a historical reenactment.
13 Sec. 43514. (1) A Until
March 1, 2014, a resident, the
14 resident's spouse, and the resident's children may hunt small
15 game without a license upon the enclosed farmlands upon which
16 they are regularly domiciled, at a time and in a manner permitted
17 by law; except that they shall obtain a waterfowl hunting license
18 for hunting waterfowl and a federal migratory bird hunting stamp
19 as required by law.
20 (2) A resident, the resident's spouse, and the resident's
21 children may fish without a license in water wholly within the
22 limits of their enclosed farmlands or other enclosed lands upon
23 which they are regularly domiciled, at a time and in a manner
24 permitted by law.
25 Sec. 43516. (1) A person An individual who has been
issued a
26 hunting, fur harvester's, or fishing license shall carry the
27 license and shall exhibit the license upon the demand of a
1 conservation officer, a law enforcement officer, or the owner or
2 occupant of the land if either or both of the following apply:
3 (a) The person is hunting, trapping, or fishing.
4 (b) Subject to section 43510(2) and except as provided in
5 section 43513, the person individual is in possession
of a
6 firearm or other hunting or trapping apparatus or fishing
7 apparatus in an area frequented by wild animals or fish,
8 respectively.
9 (2) Subject to section 43510(2) and except as provided in
10 section 43513, a person an
individual shall not carry or possess
11 afield a shotgun with buckshot, slug loads, or ball loads; a bow
12 and arrow; a muzzle-loading rifle or black powder handgun; or a
13 centerfire handgun or centerfire rifle during firearm deer season
14 unless that person individual
has a valid firearm deer
license,
15 with an unused kill tag, if issued, issued in his or her name.
16 The person individual
shall exhibit an unused kill tag, if
17 issued, upon the request of a conservation officer, a law
18 enforcement officer, or the owner or occupant of the land.
19 Sec. 43520. (1) Subject to other requirements of this part,
20 the department may issue a hunting license to a minor child if
21 all of the following requirements are met:
22 (a) A parent or legal guardian of the minor child applies
23 for the license on behalf of the minor child.
24 (b) The parent or guardian represents that the requirements
25 of section 43517, as applicable, will be complied with.
26 (c) The license fee is paid.
27 (2) A person authorized to sell hunting licenses shall not
1 issue a hunting license to an individual born after January 1,
2 1960, unless the individual presents proof of previous hunting
3 experience in the form of a hunting license issued by this state,
4 another state, a province of Canada, or another country or
5 presents a certification of completion of training in hunter
6 safety issued to the individual by this state, another state, a
7 province of Canada, or another country. If an applicant for a
8 hunting license does not have proof of such a previous license or
9 a certification of completion of training in hunter safety, a
10 person authorized to sell hunting licenses may issue a hunting
11 license if the applicant submits a signed affidavit stating that
12 the applicant has completed a course in hunter safety or that the
13 applicant possessed such a hunting license previously. The person
14 selling a hunting license shall record as specified by the
15 department the form of proof of the previous hunting experience
16 or certification of completion of hunter safety training
17 presented by the applicant. This subsection does not apply to the
18 issuance of an apprentice license. An apprentice license or the
19 equivalent does not satisfy the requirements of this subsection
20 concerning proof of previous hunting experience.
21 (3) An individual who does not meet the requirements of
22 subsection (2) may obtain an apprentice license for the same
23 price as the corresponding regular license that the individual
24 would otherwise be qualified to obtain. An individual 17 years
25 old or older shall not hunt game under an apprentice license
26 unless another individual at least 21 years old who possesses a
27 license, other than an apprentice license, to hunt that game
1 accompanies that apprentice licensee and does not accompany more
2 than 1 other apprentice licensee. For the purposes of this
3 subsection and section 43517(1)(b), an individual shall not go
4 along with more than 2 apprentice licensees of any age for the
5 purpose of accompanying those apprentice licensees while those
6 apprentice licensees are hunting. If an individual has
7 represented to an apprentice licensee or, if the apprentice
8 licensee is a minor child, to the apprentice licensee's parent or
9 legal guardian that the individual would accompany the apprentice
10 licensee for the purposes of this subsection, the individual
11 shall not go along with the apprentice licensee while the
12 apprentice licensee is hunting unless the individual actually
13 accompanies the apprentice licensee and possesses a license,
14 other than an apprentice license, to hunt the same game as the
15 apprentice licensee. An individual is not eligible to obtain a
16 specific type of apprentice license, such as a firearm deer
17 license, an archery deer license, a combination deer license, a
18 small game license, or a turkey license, for more than 2 license
19 years. An apprentice license shall be distinguished from a
20 license other than an apprentice license by a notation or other
21 means.
22 (4) Beginning March 1, 2014, an individual who does not meet
23 the requirements of subsection (2) may obtain an apprentice
24 license for the same price as the corresponding regular license
25 that the individual would otherwise be qualified to obtain. An
26 individual 17 years old or older shall not hunt game under an
27 apprentice license unless another individual at least 21 years
1 old who possesses a license, other than an apprentice license, to
2 hunt that game accompanies that apprentice licensee and does not
3 accompany more than 1 other apprentice licensee. For the purposes
4 of this subsection and section 43517(1)(b), an individual shall
5 not go along with more than 2 apprentice licensees of any age for
6 the purpose of accompanying those apprentice licensees while
7 those apprentice licensees are hunting. If an individual has
8 represented to an apprentice licensee or, if the apprentice
9 licensee is a minor child, to the apprentice licensee's parent or
10 legal guardian that the individual would accompany the apprentice
11 licensee for the purposes of this subsection, the individual
12 shall not go along with the apprentice licensee while the
13 apprentice licensee is hunting unless the individual actually
14 accompanies the apprentice licensee and possesses a license,
15 other than an apprentice license, to hunt the same game as the
16 apprentice licensee. An individual is not eligible to obtain a
17 specific type of apprentice license, such as a deer license, a
18 base license, or a turkey license, for more than 2 license years.
19 An apprentice license shall be distinguished from a license other
20 than an apprentice license by a notation or other means.
21 (5) (4) Only
a minor who is less than 10 years old may
22 obtain a mentored youth hunting license. A minor who is less than
23 10 years old shall not hunt game under a mentored youth hunting
24 license unless that minor complies with all requirements of the
25 mentored youth hunting program established by the commission
26 under section 43517. The fee for a mentored youth hunting license
27 is $7.50 and shall include all of the privileges conferred by all
1 of the following:
2 (a) Resident small game license.
3 (b) Combination deer license.
4 (c) All species fishing license.
5 (d) Spring turkey hunting license and fall turkey hunting
6 license.
7 (e) Resident fur harvester's license.
8 (6) Beginning March 1, 2014, the fee for a mentored youth
9 hunting license is $7.50 and shall include all of the privileges
10 conferred by all of the following:
11 (a) Base license.
12 (b) Deer license.
13 (c) All-species fishing license.
14 (d) Spring wild turkey hunting license and fall wild turkey
15 hunting license.
16 (e) Fur harvester's license.
17 (7) (5) By 4
years after the effective date of the
18 amendatory act that added this subsection September 1, 2015 and
19 every 4 years after that date, the department shall submit a
20 report to the standing committees of the senate and house of
21 representatives with primary responsibility for conservation and
22 outdoor recreation issues evaluating whether the fee revenue
23 received by the department from mentored youth hunting licenses
24 under subsection (4) (6)
is adequate to administer the mentored
25 youth hunting program.
26 Sec. 43523a. (1) Except as otherwise provided in this part,
27 an individual shall not hunt small game, unless the individual
1 possesses a current base license. A base license authorizes the
2 individual named in the license to hunt for small game, except
3 for animals or birds that require a special license.
4 (2) If authorized in an order issued under part 401, an
5 individual that possesses a current base license may take
6 specified fur-bearing animals by means other than trapping during
7 the open season for hunting these fur-bearing animals. However,
8 an individual who goes on a bobcat hunt with a licensed hunter is
9 not required to possess a base license if the individual does not
10 carry a firearm, bow, or crossbow and does not own dogs used to
11 chase or locate a bobcat during the hunt.
12 (3) Beginning March 1, 2014, the fee for a base license is
13 as follows:
14 (a) Subject to subdivision (b), for a resident, $10.00.
15 (b) For a resident minor child or nonresident minor child,
16 $5.00.
17 (c) Subject to subdivision (b), for a nonresident, $150.00.
18 (4) A base license is void between the hours of 1/2 hour
19 after sunset and 1/2 hour before sunrise with the exception of
20 coyote hunting.
21 (5) Beginning March 1, 2014, a nonresident may purchase a
22 limited nonresident small game license entitling that individual
23 to hunt for a 7-day period all species of small game that are
24 available to hunt under a nonresident base license. The fee for a
25 limited nonresident small game license is $80.00. The purchase of
26 a 7-day limited nonresident small game license does not entitle
27 the holder to purchase any additional licenses.
1 Sec. 43523b. (1) Beginning March 1, 2014, the fee for a
2 resident combination hunt and fish license is $75.00 and shall
3 include all of the privileges conferred by all of the following:
4 (a) Resident base license.
5 (b) Two deer licenses.
6 (c) All-species fishing license.
7 (2) Beginning March 1, 2014, the fee for a nonresident
8 combination hunt and fish license is $265.00 and shall include
9 all of the privileges conferred by all of the following:
10 (a) Nonresident base license.
11 (b) Two deer licenses.
12 (c) All-species fishing license.
13 Sec. 43524. (1) An individual shall not hunt wild turkey
14 without a wild turkey hunting license. The fee for a resident
15 wild turkey hunting license is $15.00. The fee for a nonresident
16 wild turkey hunting license is $69.00. Subject to the
17 requirements of section 40113a, the commission may issue an order
18 requiring that all applications for wild turkey hunting licenses,
19 or applications for wild turkey hunting licenses for certain
20 geographic areas, be entered into a lottery designed and run by
21 the department. An individual selected in a lottery, upon meeting
22 the requirements of this part, is authorized to purchase a wild
23 turkey hunting license. The license shall be issued for a
24 specified hunting period and shall confer confers upon
the holder
25 of the license the right to hunt wild turkeys.
26 (2) The department may charge a nonrefundable application
27 fee not to exceed $4.00 for each application for a wild turkey
1 hunting license that is entered into a lottery under subsection
2 (1).
3 (3) From fees collected under subsection (1) or (2), the
4 following amounts shall be used for scientific research,
5 biological survey work on wild turkeys, creation and management
6 of wild turkey habitat on state land, national forestland, and
7 private land, annual wild turkey hunter surveys, disease testing
8 for wild turkeys suspected of having a disease and voluntarily
9 submitted to the department of natural resources, and other wild
10 turkey management in this state:
11 (a) Resident wild turkey hunting license.......... $ 9.50
12 (b) Nonresident wild turkey hunting license....... $50.00
13 (c) Senior wild turkey hunting license............ $ 1.00
14 (d) Wild turkey hunting application............ amount of
15 application fee,
16 if any, but not
17 more than $ 3.00.
18 (4) The department shall, to the extent possible, use the
19 money from subsection (3) to create and manage wild turkey
20 habitat on state forestland, state game areas, national
21 forestland, and private land, where appropriate. The department
22 shall, before January 1 of each year, provide to the standing
23 committees in the senate and house of representatives that
24 primarily consider issues relating to natural resources a report
25 detailing the expenditures for the prior year under subsection
26 (3).
27 (5) Beginning March 1, 2014, only an individual holding a
1 valid base license is eligible to purchase a wild turkey hunting
2 license, pursuant to current regulations. The fee for a wild
3 turkey hunting license is $15.00.
4 (6) Beginning March 1, 2014, the department may charge a
5 nonrefundable application fee not to exceed $5.00 for each
6 application for a wild turkey hunting license that is entered
7 into a lottery under subsection (1).
8 (7) Beginning March 1, 2014, from fees collected under
9 subsection (5) or (6), the following amounts shall be used for
10 scientific research, biological survey work on wild turkeys,
11 creation and management of wild turkey habitat on state land,
12 national forestland, and private land, annual wild turkey hunter
13 surveys, disease testing for wild turkeys suspected of having a
14 disease and voluntarily submitted to the department of natural
15 resources, and other wild turkey management in this state:
16 (a) Wild turkey hunting license.................... $9.50
17 (b) Senior wild turkey hunting license............. $1.00
18 (c) Wild turkey hunting application............ amount of
19 application fee,
20 if any, but not
21 more than $ 3.00.
22 Sec. 43525b. (1) Except as otherwise provided in this part,
23 beginning March 1, 2014, an individual 16 years of age or older
24 shall not hunt waterfowl without a current waterfowl hunting
25 license issued by this state. The annual license requirement is
26 in addition to the requirements for a base license and federal
House Bill No. 4668 as amended June 18, 2013
1 migratory bird hunting stamp. The fee for the waterfowl hunting
2 license is $12.00.
3 (2) If issued as a stamp, a waterfowl hunting license shall
4 be affixed to the base license of the individual and signed
5 across the face of the stamp by the individual to whom it is
6 issued.
7 (3) A collector may purchase a waterfowl hunting license, if
8 it is issued as a stamp, without being required to place it on a
9 base license, sign across its face, or provide proof of
10 competency under section 43520(2). However, a license described
11 in this subsection is not valid for hunting waterfowl.
12 (4) Beginning March 1, 2014, from the fee collected for each
13 waterfowl hunting license, the department shall use the following
14 amounts:
15 (a) $9.00 shall be used to acquire, restore, or enhance
16 wetlands and other lands to be managed for the benefit of
17 waterfowl. <<Except as otherwise provided in this subdivision,
not more than 0.25% of the money under this subdivision shall
be used to acquire lands. However, if all of the money
appropriated from the natural resources trust fund for eco-region
acquisition carried over from previous fiscal years is spent, then
the 0.25% limitation under this subdivision does not apply. The
department shall not acquire land under this subdivision until that
acquisition is approved by the joint capital outlay subcommittee.>>
18 (b) $1.93 shall be used to operate, maintain, and develop
19 managed waterfowl areas in this state.
20 (c) The remaining amount shall be retained under section
21 43541 or used for administration of this part.
22 Sec. 43527a. (1) Beginning March 1, 2014, only an individual
23 holding a valid base license is eligible to purchase a deer
24 license or an antlerless deer license, pursuant to current
25 regulations. The fee for a deer license or an antlerless deer
26 license is $20.00.
27 (2) Beginning March 1, 2014, the department shall charge a
1 nonrefundable application fee not to exceed $5.00 for each
2 individual who applies for an antlerless deer license.
3 (3) The department may issue a kill tag with or as part of
4 each deer license. The kill tag shall bear the license number.
5 The kill tag may also include space for other pertinent
6 information required by the department. The kill tag, if issued,
7 is part of the license.
8 (4) Where authorized by the department, a resident may
9 purchase a second deer license for the fee assessed under this
10 subsection for the deer license for which that individual is
11 eligible. However, a senior license discount is not available for
12 the purchase of a second deer license. Where authorized by the
13 department, a nonresident may purchase an additional deer license
14 or antlerless deer license under this section for $170.00. The
15 department may issue orders under part 401 designating the kind
16 of deer that may be taken and the geographic area in which any
17 license issued under this section is valid, when advisable in
18 managing deer.
19 Sec. 43527b. The department may issue deer management
20 assistance permits pursuant to current regulations.
21 Sec. 43528. (1) A person An individual shall not hunt
bear
22 unless the person individual
possesses a bear hunting license.
23 However, a person an
individual who goes on a bear hunt with
a
24 licensed hunter is not required to possess a bear hunting license
25 if the person individual
does not carry a firearm, bow, or
26 crossbow and does not own dogs used to chase or locate bear
27 during the hunt. Beginning March 1, 2014, only an individual
1 holding a valid base license is eligible to purchase a bear
2 hunting license, pursuant to current regulations.
3 (2) The fee for a resident bear hunting license is $15.00.
4 The fee for a nonresident bear hunting license is $150.00.
5 Beginning March 1, 2014, the fee for a bear hunting license is
6 $25.00.
7 (3) The department may issue a kill tag with, or as a part
8 of, a bear hunting license. Section 43526(2) applies with respect
9 to a bear hunting license.The
kill tag shall bear the license
10 number. The kill tag may also include space for other pertinent
11 information required by the department. The kill tag, if issued,
12
is part of the license.
13 (4) In addition to the license fees in subsection (2), the
14 department shall charge a nonrefundable application fee not to
15 exceed $4.00 for each person individual who applies for a
bear
16 hunting license. Beginning March 1, 2014, in addition to the
17 license fees in subsection (2), the department shall charge a
18 nonrefundable application fee not to exceed $5.00 for each
19 individual who applies for a bear hunting license.
20 (5) Beginning March 1, 2014, the following individuals
21 chasing or locating bear with dogs during the open season for
22 that game and who hold a valid base license are eligible for the
23 purchase of a bear participation license for a fee of $15.00:
24 (a) Any individual possessing a firearm, crossbow, or bow
25 and arrow.
26 (b) The owner, when present, of any dog chasing or locating
27 bear.
1 Sec. 43528a. (1) A resident shall not hunt moose without a
2 moose hunting license. Beginning March 1, 2014, only a resident
3 holding a valid base license is eligible to purchase a moose
4 hunting license, pursuant to current regulations. The fee for a
5 moose hunting license is $100.00. The department may establish a
6 nonrefundable application fee not to exceed $4.00 for each person
7 individual who applies for a moose hunting license. Beginning
8 March 1, 2014, the department may establish a nonrefundable
9 application fee not to exceed $5.00 for each individual who
10 applies for a moose hunting license.
11 (2) The department may issue a kill tag with, or as part of,
12 a moose hunting license. Section 43526(2) applies with respect to
13 a moose hunting license.The
kill tag shall bear the license
14 number. The kill tag may also include space for other pertinent
15 information required by the department. The kill tag, if issued,
16 is part of the license.
17 Sec. 43528b. (1) An individual shall not hunt wolf without a
18 wolf hunting license. Beginning March 1, 2014, only an individual
19 holding a valid base license is eligible to purchase a wolf
20 hunting license. The fee for a resident wolf hunting license is
21 $100.00. The fee for a nonresident wolf hunting license is
22 $500.00. The department may establish a nonrefundable application
23 fee not to exceed $4.00 for each person individual who applies
24 for a wolf hunting license. Beginning March 1, 2014, the
25 department may establish a nonrefundable application fee not to
26 exceed $5.00 for each individual who applies for a wolf hunting
27 license.
1 (2) The department may issue a kill tag with, or as part of,
2 a wolf hunting license. The provisions of section 43526(2)
3 regarding kill tags apply with respect to a wolf hunting
4 license.The kill tag
shall bear the license number. The kill tag
5 may also include space for other pertinent information required
6 by the department. The kill tag, if issued, is part of the
7 license.
8 Sec. 43529. (1) A resident shall not hunt elk during the elk
9 season without an elk hunting license. Beginning March 1, 2014,
10 only a resident holding a valid base license is eligible to
11 purchase an elk hunting license, pursuant to current regulations.
12 The fee for an elk hunting license is $100.00. The department may
13 establish a nonrefundable application fee not to exceed $4.00 for
14 each person individual
who applies for an elk hunting license.
15 Beginning March 1, 2014, the department may establish a
16 nonrefundable application fee not to exceed $5.00 for each
17 individual who applies for an elk hunting license.
18 (2) The department may issue a kill tag with, or as a part
19 of, an elk hunting license. Section 43526(2) applies with respect
20 to an elk hunting license.The
kill tag shall bear the license
21 number. The kill tag may also include space for other pertinent
22 information required by the department. The kill tag, if issued,
23
is part of the license.
24 Sec. 43531. (1) Except as otherwise provided in section
25 43523(2) or section 43523a(2), an individual shall not trap or
26 hunt fur-bearing animals unless the individual possesses a fur
27 harvester's license. However, an individual who goes on a bobcat
1 hunt with a licensed hunter is not required to possess a fur
2 harvester's license if the individual does not carry a firearm,
3 bow, or crossbow and does not own dogs used to chase or locate a
4 bobcat during the hunt.
5 (2) The fee for a resident fur harvester's license is
6 $15.00. The fee for a fur harvester's license for a resident or
7 nonresident minor child 10 years old or older shall be discounted
8 50% from the cost of the resident fur harvester's license.
9 (3) The Until
March 1, 2014, the department may issue
a
10 nonresident fur harvester's license to a nonresident of this
11 state if the state, province, or country in which the nonresident
12 applicant resides allows residents of this state to obtain
13 equivalent hunting and trapping privileges in that state,
14 province, or country. The fee for an eligible nonresident fur
15 harvester's license is $150.00. Nonresident fur harvester's
16 licenses shall not be sold or purchased before November 15 of
17 each year.
18 (4) An individual who holds a fur harvester's license may
19 hunt fur-bearing animals during the season open to taking fur-
20 bearing animals with firearms and may trap fur-bearing animals
21 during the season open to trapping fur-bearing animals.
22 (5) Beginning March 1, 2014, only an individual holding a valid
23 base license is eligible to purchase a fur harvester's license,
24 pursuant to current regulations. The fee for a fur harvester's
25 license is $15.00.
26 (6) Beginning March 1, 2014, for a nonresident holding a valid
27 base license and a valid fur harvester's license, the fur
1 harvester's license is not valid for fur-bearing species for which a
2 bag limit has been established.
3 Sec. 43531b. Pursuant to current regulations, the department
4 may issue free tags for survey purposes or for the enforcement of
5 harvest limits.
6 Sec. 43532. (1) A person An individual 17 years of
age or
7 older shall not take or possess an aquatic species, except
8 aquatic insects, in the waters over which this state has
9 jurisdiction without a license. The fee for a resident restricted
10 fishing license is $15.00. The fee for a nonresident restricted
11 fishing license is $34.00.
12 (2) A restricted fishing license entitles the licensee to
13 take and possess aquatic species as prescribed by law, other than
14 trout, salmon, lake sturgeon, lake herring, amphibians, reptiles,
15 or crustaceans.
16 (3) A person An
individual under 17 years of age may
take
17 aquatic species in the waters over which this state has
18 jurisdiction without a license. However, a person an individual
19 under 17 years of age may obtain an all-species fishing license.
20 The fee for a resident or nonresident who is under 17 years of
21 age for an all-species fishing license is $2.00. The department
22 shall not sell or vendor the list of licensees under this
23 subsection.
24 (4) The fee for a resident all-species fishing license is
25 $28.00. The fee for a nonresident all-species fishing license is
26 $42.00.
27 (5) An all-species fishing license entitles the licensee to
1 take and possess all aquatic species as prescribed by law.
2 (6) A person An
individual to whom a valid restricted
3 fishing license has been issued may return the restricted license
4 to the department or its authorized agent and receive an all-
5 species fishing license by paying a fee equal to the difference
6 in cost between the all-species fishing license and the
7 restricted fishing license for which that person individual is
8 eligible.
9 (7) Beginning March 1, 2014, an individual 17 years of age
10 or older shall not take or possess an aquatic species, except
11 aquatic insects, in the waters over which this state has
12 jurisdiction without a license. The fee for a resident all-
13 species fishing license is $25.00. The fee for a nonresident all-
14 species fishing license is $75.00. Beginning March 1, 2014, the
15 restricted fishing license, license for an individual under 17
16 years of age, and all-species upgrades under subsections (1),
17 (3), and (6) are no longer available.
18 Sec. 43532a. Beginning March 1, 2014, the department shall
19 charge an additional $1.00 per base license under sections
20 43523a(3) and 43535(2), combination hunt and fish license under
21 section 43523b, and all-species fishing license under sections
22 43532(7) and 43536(2). The department shall use money generated
23 under this section for marketing, education, and outreach
24 activities.
25 Sec. 43533. (1) A resident or nonresident may purchase a 24-
26 hour or 72-hour fishing license entitling that person individual
27 to take, for a designated 24-hour or 72-hour period,
1 respectively, and possess all aquatic species as prescribed by
2 law. Except as provided in this section, the fee for a 24-hour
3 fishing license is $7.00 per designated consecutive 24-hour
4 period. Notwithstanding any other provision of this section, the
5 fee for a 24-hour fishing license for a senior citizen is $3.00.
6 (2) The fee for a 72-hour fishing license, to be issued
7 beginning in 2010, is as follows:
8 (a) Except for a senior citizen, $21.00.
9 (b) For a senior citizen, $9.00.
10 (3) Beginning March 1, 2014, a resident or nonresident may
11 purchase a 24-hour fishing license entitling that individual to
12 take, for a designated 24-hour period, and possess all aquatic
13 species as prescribed by law. The fee for a 24-hour fishing
14 license is $10.00 per designated consecutive 24-hour period.
15 (4) Beginning March 1, 2014, a resident or nonresident may
16 purchase a 72-hour fishing license entitling that person to take,
17 for a designated 72-hour period, and possess all aquatic species
18 as prescribed by law. The fee for a 72-hour fishing license is
19 $30.00 per designated consecutive 72-hour period.
20
Sec. 43535. (1) A
Until March 1, 2014, a resident of this
21 state who is 65 years of age or older may obtain a senior small
22 game license, a senior firearm deer license, a senior bow and
23 arrow deer license, a senior bear hunting license, a senior wild
24 turkey hunting license, or a senior fur harvester's license. The
25 fee for each senior license shall be discounted 60% from the fee
26 for the resident license.
27 (2) Beginning March 1, 2014, a resident of this state who is
1 65 years of age or older may obtain a senior base license, a
2 senior deer license, a senior wild turkey hunting license, or a
3 senior fur harvester's license. The fee for each senior license
4 shall be discounted 60% from the fee for the resident license.
5 Sec. 43536. (1) A Until
March 1, 2014, a resident of this
6 state who is 65 years of age or older may obtain a senior
7 restricted fishing license. The fee for a senior restricted
8 fishing license is discounted 60% from the fee for a resident
9 restricted fishing license.
10 (2) A resident of this state who is 65 years of age or older
11 may obtain a senior all-species fishing license. The fee for a
12 senior all-species fishing license is discounted 60% from the fee
13 for a resident all-species fishing license.
14 Sec. 43536a. (1) Subject to any lottery and other
15 eligibility requirements, Beginning
March 1, 2014, a member of
16 the military may obtain any license under this part free of
17 charge for which a
lottery is not required at no cost upon
18 presentation to a licensing agent of leave papers, duty papers,
19 military orders, or other evidence acceptable to the department
20 verifying that he or she is a member of the military.stationed
21 outside of this state. The license is valid during the season in
22 which that license would otherwise be valid.
23 (2) As used in this section, "member of the military" means
24 either of the following:
25 (a) A person An
individual described by section
43506(3)(d).
26 (b) A person An
individual who meets all of the
following
27 requirements:
1 (i) The person individual is a reserve component soldier,
2 sailor, airman, or marine or member of the Michigan national
3 guard and is called to federal active duty.
4 (ii) At the time the person
individual was called to federal
5 active duty, he or she was a resident of this state.
6 (iii) The person individual has maintained his or her
7 residence in this state for the purpose of obtaining a driver
8 license or voter registration, or both.
9 Sec. 43537. (1) A Until
March 1, 2014, a resident who is
10 declared legally blind is eligible to purchase a senior
11 restricted or senior all-species fishing license. Beginning March
12 1, 2014, a resident who is declared legally blind is eligible to
13 purchase a senior all-species fishing license.
14 (2) A disabled veteran is eligible to obtain any resident
15 license under this part for which a lottery is not required free
16 of charge.
17 (3) The department may demand proof of eligibility under
18 subsection (1), (2), or (4). The licensee, when taking aquatic
19 species or hunting, shall possess proof of his or her eligibility
20 under subsection (1), (2), or (4), as applicable, and shall
21 furnish the proof upon the request of a peace officer.
22 (4) The department shall process licenses issued under this
23 section in the same manner as licenses issued to senior citizens
24 for purposes of receiving appropriations from the legislature
25 under section 43546.
26 (5) As used in this section, "disabled veteran" means either
27 of the following:
1 (a) A resident who has been determined by the United States
2 department of veterans affairs to be permanently and totally
3 disabled as a result of military service and entitled to
4 veterans' benefits at the 100% rate, for a disability other than
5 blindness.
6 (b) A resident rated by the United States department of
7 veterans affairs as individually unemployable.
8 Sec. 43541. (1) A person authorized by the department to
9 issue licenses on March 15, 1993, may retain 7.5% of the fees for
10 each sportcard, license, duplicate license, application, or
11 permit that the person sells. A person authorized by the
12 department after March 15, 1993 to issue licenses may retain 5%
13 of the fees for each sportcard, license, duplicate license,
14 application, or permit that the person sells. The department
15 shall consider any additional location established after March
16 15, 1993 at which licenses are sold as a new authorized agent for
17 purposes of determining the percentage of fees that may be
18 retained for sales at the new location by that authorized agent.
19 Beginning March 1, 2014, any person authorized by the department
20 to issue licenses may retain 7.5% of the fees for each sportcard,
21 license, duplicate license, application, or permit that the
22 person sells.
23 (2) In addition to the fees authorized under subsection (1),
24 the department may also authorize a person who is authorized to
25 issue licenses to charge and retain a 50-cent transaction fee for
26 collecting migratory bird survey responses.
27 Sec. 43544. (1) If a license or sportcard issued pursuant to
1 this part or a kill tag is lost or destroyed, a licensee may
2 procure a duplicate from the department. To obtain a duplicate
3 license, sportcard, or kill tag, the licensee shall file a
4 certification of loss form with the department and shall pay the
5 duplicate fee as provided in subsection (2) for each duplicate
6 requested.
7 (2) If the licensee meets the requirements of subsection (1)
8 and all other requirements of this part for procuring a license
9 or sportcard, or, if required by this part, a kill tag, the
10 department shall verify the purchase of the original and issue to
11 the licensee the duplicates requested and collect the following
12 applicable duplicate fees:
13 (a) Except Until
March 1, 2014, and except as provided
in
14 subdivision (b), (c),
$3.00 for each license included in a
15 certification of loss.
16 (b) Beginning March 1, 2014, the amount the individual would
17 pay for each license included in a certification of loss.
18 (c) (b) For
a duplicate of a kill tag, the fee shall equal
19 the amount that the person individual would pay for a
license to
20 which the kill tag applies without regard to marketing discounts
21 or multilicense discounts.
22 (d) (c) For
a duplicate of a sportcard, $1.00.
23 Sec. 43545. Beginning March 1, 2019, the department shall
24 not assess or collect any license or permit fees authorized in
25 this part.
26 Sec. 43547. (1) The department shall prepare sportcards, if
27 necessary, and licenses to comply with this part and may
1 authorize persons to issue sportcards and licenses.
2 (2) A sportcard shall provide the following information as
3 required by the department:
4 (a) The name of the applicant.
5 (b) The height and weight of the applicant.
6 (c) The address of the applicant.
7 (d) The birth date of the applicant.
8 (e) The applicant's social security number.
9 (f) Other information as required by the department.
10 (3) A license may include the following information:
11 (a) The date and time of issuance of the license.
12 (b) The identification code of the person issuing the
13 license.
14 (c) The form of proof of eligibility to receive a license by
15 the applicant as required.
16 (d) Other information as required by the department.
17 (e) The applicant's date of birth.
18 (4) The Until
March 1, 2014, the department may
require
19 persons authorized to issue licenses under this part to purchase
20 or rent equipment necessary for the issuance of to issue
21 licenses. The purchase or lease charge shall not exceed the
22 actual cost incurred by the department in making the equipment
23 available for purchase or lease. However, notwithstanding the
24 equipment rental or purchase charges otherwise required under
25 this section, if the department requires the use of designated
26 computer equipment for the issuance of to issue licenses,
the
27 department shall supply each licensed agent who is entitled to
1 retain 7.5% of the fees received and was authorized on March 15,
2 1993 to issue licenses with a computer system at no charge to the
3 licensed agent for each location at which that licensed agent
4 sells licenses. A person who is eligible to receive equipment
5 without charge may be required to purchase a service and
6 maintenance contract for that equipment. The cost of the contract
7 shall not be more than $200.00 for the first year of the contract
8 and thereafter the actual cost to the state of maintaining the
9 computer system. Equipment that is supplied without charge to a
10 licensed agent shall be returned to the department at such time
11 as the person is no longer a licensed agent.
12 (5) A Until
March 1, 2014, a person who is
authorized after
13 March 15, 1993 to issue licenses shall pay the full annual rental
14 or purchase fee for equipment required under subsection (4).
15 (6) A Until
March 1, 2014, a person who on March
15, 1993 is
16 authorized to issue licenses who rents the equipment for the
17 issuance of licenses required under subsection (4) shall pay rent
18 or service and maintenance contract cost, as applicable for that
19 equipment not to exceed 50% of the total of the annual amount the
20 person is authorized to retain under section 43541, or the rental
21 charge otherwise determined by the department, whichever is less.
22 (7) The department may provide persons authorized to issue
23 licenses under this part with conservation law enforcement stamps
24 to enable the purchaser of the stamps to contribute to the
25 wildlife resource protection fund created in section 43555.
26 Conservation law enforcement stamps may be issued by the
27 department in the amounts of $2.00 and $5.00.
House Bill 4668 as amended June 18, 2013
1 (8) Beginning March 1, 2014, the department may require
2 persons authorized to issue licenses under this part to rent
3 equipment necessary for the issuance of licenses. <<A person who
4 is authorized to issue licenses for less than a full license year
shall pay rent of $5.00 per week until the person has been authorized
to issue licenses for a full license year. Once a person has been
authorized to issue licenses for a full license year, a person shall
pay rent of $5.00 per week or $2.50 per week if that person's annual
license sales under this part are less than the 5-year average license
sales as of the effective date of the amendatory act that added this
subsection for persons authorized to issue licenses under this part.
The weekly rental fee shall be assessed and collected in a form and
manner prescribed by the department.>>
5 Rent shall not exceed 50% of the total of the annual amount the
6 person is authorized to retain under section 43541.
7 Sec. 43553. (1) The department shall transmit all money
8 received from the sale of licenses to the state treasurer,
9 together with a statement indicating the amount of money received
10 and the source of the money.
11 (2) The game and fish protection fund formerly created by
12 this section as a separate fund in the state treasury shall
13 continue unless all the money in that fund is transferred to the
14 game and fish protection account as a result of House Joint
15 Resolution Z of the 92nd Legislature becoming part of the state
16 constitution of 1963 as provided in section 1 of article XII of
17 the state constitution of 1963 and 2004 PA 587 taking effect.
18 Except as provided in section 43555 and subsection (5), the state
19 treasurer shall credit the money received from the sale of
20 passbooks and licenses to the game and fish protection fund.
21 However, if House Joint Resolution Z of the 92nd Legislature
22 becomes a part of the state constitution of 1963 as provided in
23 section 1 of article XII of the state constitution of 1963, the
24 state treasurer shall credit that money to the game and fish
25 protection account.
26 (3) Except as provided in sections 43524, 43525, 43525b, and
27 43554 and subsection (4), money credited to the game and fish
House Bill No. 4668 as amended June 18, 2013
1 protection fund or the game
and fish protection account shall be
2 paid out by the state treasurer pursuant to the accounting laws
3 of this state for the following purposes:
4 (a) Services rendered by the department, together with the
5 expenses incurred in the enforcement and administration of the
6 wildlife and fisheries laws of the state, including the necessary
7 equipment and apparatus incident to the operation and enforcement
8 of the wildlife and fisheries laws, and the protection,
9 propagation, distribution, and control of wildlife and fish.
10 (b) The propagation and liberation of wildlife or fish and
11 for their increase at the time, place, and manner as the
12 department considers advisable.
13 (c) The purchase, lease, and management of lands, together
14 with the necessary equipment for the purpose of propagating and
15 rearing wildlife or fish, and for establishing and maintaining
16 game refuges, wildlife sanctuaries, and public shooting and
17 fishing grounds. <<Except as otherwise provided in this
subdivision, not more than 0.25% of the money credited to the
game and fish protection account shall be used to purchase lands
under this subdivision. However, if all of the money appropriated
from the natural resources trust fund for eco-region acquisition
carried over from previous fiscal years is spent, then the 0.25%
limitation under this subdivision does not apply. Land shall not be
purchased under this subdivision until that purchase is approved
by the joint capital outlay subcommittee.>>
18 (d) Conducting investigations and compiling and publishing
19 information relative to the propagation, protection, and
20 conservation of wildlife.
21 (e) Delivering lectures, developing cooperation, and
22 carrying on appropriate educational activities relating to the
23 conservation of the wildlife of this state.
24 (4) The department may make direct grants to colleges and
25 universities in this state, out of funds appropriated from the
26 game and fish protection fund or the game and fish protection
27 account, to conduct fish or wildlife research or both fish and
1 wildlife research.
2 (5) The youth hunting and fishing education and outreach
3 fund is created as a separate fund in the department of treasury.
4 The Until March 1,
2014, the state treasurer shall credit
to the
5 youth hunting and fishing education and outreach fund the money
6 received from the sale of small game licenses and all-species
7 fishing licenses under sections 43523 and 43532, respectively, to
8 minor children. Beginning March 1, 2014, the state treasurer
9 shall credit to the youth hunting and fishing education and
10 outreach fund $1.00 received from the sale of each base license
11 to minor children under section 43523a. Money in the youth
12 hunting and fishing education and outreach fund at the close of
13 the fiscal year shall remain in the fund and shall not lapse to
14 the general fund.
15 (6) Money credited to the youth hunting and fishing
16 education and outreach fund shall be paid out by the state
17 treasurer pursuant to the accounting laws of this state for
18 hunting and fishing education and outreach programs for minor
19 children.
20 (7) The department and any other executive department of the
21 state that receives money from the game and fish protection fund
22 or game and fish protection
account or the youth hunting and
23 fishing education and outreach fund shall submit an annual report
24 to the legislature showing the amount of money received by the
25 department or other executive department from the game and fish
26 protection fund or game and
fish protection account or the youth
27 hunting and fishing education and outreach fund and how that
House Bill No. 4668 as amended June 18 and 19, 2013
1 money was spent. An executive department required to submit a
2 report as provided in this subsection shall send a copy of the
3 report to the legislature and to the department.
<<(8) Not later than November 1, 2013, the department shall
complete and post on its website a fisheries division strategic
and tactical plan with measures and metrics.>>
4 Sec. 43554. One dollar and fifty cents of the license fee
5 for each firearm deer, bow and arrow deer, and resident
6 sportsperson's license shall be used for improving and
7 maintaining a habitat for deer and for the acquisition of lands
8 for an effective program of deer habitat management. Beginning
9 March 1, 2014, $1.50 of the license fee for each deer and
10 resident sportsperson's license shall be used for improving and
11 maintaining a habitat for deer and for the acquisition of lands
12 for an effective program of deer habitat management. <<Except as
otherwise provided in this section, not more than 0.25% of the
money under this section shall be used to acquire lands. However,
if all of the money appropriated from the natural resources trust
fund for eco-region acquisition carried over from previous fiscal
years is spent, then the 0.25% limitation under this section does
not apply. Land shall not be acquired under this section until that
ACQUISITION is approved by the joint capital outlay subcommittee.>>
13 Sec. 43558. (1) A person is guilty of a misdemeanor if the
14 person does any of the following:
15 (a) Makes a false statement as to material facts for the
16 purpose of obtaining a license or uses or attempts to use a
17 license obtained by making a false statement.
18 (b) Affixes to a license a date or time other than the date
19 or time issued.
20 (c) Issues a license without receiving and remitting the fee
21 to the department.
22 (d) Without a license, takes or possesses a wild animal,
23 wild bird, or aquatic species, except aquatic insects. This
24 subdivision does not apply to a person less than 17 years of age
25 who without a license takes or possesses aquatic species.
26 (e) Sells, loans, or permits in any manner another person to
27 use the person's license or uses or attempts to use another
1 person's license.
2 (f) Falsely makes, alters, forges, or counterfeits a
3 sportcard or a hunting, fishing, or fur harvester's license or
4 possesses an altered, forged, or counterfeited hunting, fishing,
5 or fur harvester's license.
6 (g) Uses a tag furnished with a firearm deer license, bow
7 and arrow deer license, bear
hunting license, elk hunting
8 license, or wild turkey hunting license more than 1 time, or
9 attaches or allows a tag to be attached to a deer, bear, elk, or
10 turkey other than a deer, bear, elk, or turkey lawfully killed by
11 the person.
12 (h) Except as provided by law, makes an application for,
13 obtains, or purchases more than 1 license for a hunting, fishing,
14 or trapping season, not including a limited fishing license,
15 second bow and arrow license, second firearm deer license,
16 antlerless deer license, or other license specifically authorized
17 by law, or if the applicant's license has been lost or destroyed.
18 (i) Applies for, obtains, or purchases a license during a
19 time that the person is ineligible to secure a license.
20 (j) Knowingly obtains, or attempts to obtain, a resident or
21 a senior license if that person is not a resident of this state.
22 (2) Except as provided in subsection (5), a person who
23 violates subsection (1) shall be punished by imprisonment for not
24 more than 90 days, or a fine of not less than $25.00 or more than
25 $250.00 and the costs of prosecution, or both. In addition, the
26 person shall surrender any license and license tag that was
27 wrongfully obtained.
1 (3) A person licensed to carry a firearm under this part is
2 prohibited from doing so while under the influence of a
3 controlled substance or alcohol or a combination of a controlled
4 substance and alcohol. A person who violates this subsection is
5 guilty of a misdemeanor, punishable by imprisonment for 90 days,
6 or a fine of $500.00, or both.
7 (4) An applicant for a license under this part who has
8 previously been convicted of a violation of the game and fish
9 laws of this state may be required to file an application with
10 the department together with other information that the
11 department considers expedient. The license may be issued by the
12 department.
13 (5) A person who violates subsection (1)(d), upon a showing
14 that the person was ineligible to secure a license pursuant to
15 under court order or other lawful authority, is guilty of a
16 misdemeanor, punishable by imprisonment for not more than 180
17 days, or a fine of not less than $500.00 and not more than
18 $2,500.00, or both, and the costs of prosecution.
19 Enacting section 1. Section 43522a of the natural resources
20 and environmental protection act, 1994 PA 451, MCL 324.43522a, is
21 repealed.
22 Enacting section 2. Sections 43523, 43525, 43525a, 43526,
23 43527, and 43530 of the natural resources and environmental
24 protection act, 1994 PA 451, MCL 324.43523, 324.43525,
25 324.43525a, 324.43526, 324.43527, and 324.43530, are repealed
26 effective March 1, 2014.